Is this legal?

Ugly Dogs

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A friend of mine and I have been having a discussion about if it is legal or not to transport bait. Here is the scenario.

My buddy is going to get creek chubs from a guy in Williston for a fishing tournament in Bismarck. I am of the belief that it is illegal to do this with out a vendor's license. And even with a vendors license it is still illegal to transport a bait fish from one body to be used in another. He believes that it is totally legal as long as they come from in the state.

Loser buys lunch. (please don't make me buy lunch)
 


5575

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Statewide - in all other water bodies of North Dakota (not listed on page 9), the only legal live baitfish are fathead minnows, creek chubs and sticklebacks. Exception - rainbow smelt may be taken on the Missouri River System; however, all smelt taken must be dead when transported.
All legal live aquatic organisms used by anglers, including legal baitfish (e.g. fathead minnows), native amphibians (e.g. salamanders and frogs), invertebrates (e.g. crayfish and leeches) and insects must have been purchased or trapped in North Dakota. No live aquatic organisms may be imported into the state by anglers. This includes live baitfish and leeches.
Anglers may not transport water, including that used for bait (e.g., bait buckets, etc.), away from waters of the state designated as infested with Class 1: Prohibited Aquatic Nuisance Species; this includes only the Red River. That means all water must be drained from bait buckets as anglers leave the shore or remove their boat from the water. Anglers must properly dispose of unused bait away from the river, as dumping bait in the water or on shore is illegal.
In all other waters of the state, legal live baitfish and other legal live aquatic bait may be transported in water but only in containers of five gallons or less. Any container (e.g. bait bucket) used to hold bait must be free of aquatic vegetation.
The transportation of live white suckers, other than in Richland, Cass, Traill, Grand Forks, Walsh and Pembina counties, is illegal.
It is illegal to possess more than an aggregate of 150 legal live baitfish. See page 16 for list of limits.
Licensed anglers may trap their bait but may not use more than one minnow trap and/or one dip net for taking smelt or legal live aquatic bait. The trap may not exceed 12 inches in diameter and 30 inches in length, with a throat opening not to exceed 1-1/4 inches. Dip nets may not exceed 24 inches in diameter or 36 inches in depth. All other nets (e.g. cast) are ILLEGAL. All individuals selling live aquatic bait must possess a bait vendors license.
Legal live bait and legal live baitfish may be taken in all public waters of the state and at all times except for the following:

  • Those water bodies listed on page 9 as “no live baitfish” lakes.
  • James River between Jamestown Dam and the South Dakota border.
  • Water bodies designated as infested with prohibited or regulated aquatic nuisance species (see the Department’s website at gf.nd.gov for current list of lakes).
Exception - rainbow smelt may be taken on the Missouri River System; however, all smelt taken must be dead when transported.
It is illegal to use live rainbow smelt for bait anywhere except for: live smelt captured with a dip net or by hand in the Garrison Dam Tailrace may be used only in the Tailrace from the Garrison Dam downstream to the southern boundary of the U.S. Army Corps of Engineers Downstream Recreation Area.
It is illegal to possess, or possess with intent to sell, or to use as live baitfish, any species other than fathead minnows, creek chubs, sticklebacks and white suckers. The penalty for fishing with or possession of an illegal live baitfish is $250
 

Captain Ahab

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You buy lunch. Legal live bait fish from within the state. You can trap your own as well so you don't even need to buy from a licensed vendor. You can't trap on the south part of the James River(can't remember south of which dam?) because of silver carp present.

- - - Updated - - -

5575 beat me. Forgot the "infested" clause.
 
Last edited:

CatDaddy

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If I say you're right, will you buy ME lunch? I think you lost the bet.......
 


sig357

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I know this doesn't apply to your bet but some new regulations on white suckers
 

gr8outdoors

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If he's not on this sight n doesn't call GnF, tell him u checked around n ur right. Enjoy ur meal, even if it's while feeling guilty! Bye the way, u lost the bet, sorry.
 

Allen

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Since the Asian carp have been seen/caught as far north as Jamestown Dam, nothing below Jamestown and Pipestem dams should be trapped/seined for bait.
 

Pedro

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The real question is, would he be willing to share is chub dealer with the rest of us?
 


Rowdie

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If he's not on this sight n doesn't call GnF, tell him u checked around n ur right. Enjoy ur meal, even if it's while feeling guilty! Bye the way, u lost the bet, sorry.

Total Sconnie move right there LMAO
 

Lycanthrope

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Its only like 10 for a bait vendor license also, then you can use multiple traps and not have a limit on quantity. Ive asked G&F several times to make live smelt legal bait on the MR system but they are against it for some reason. I think their main issue is the nets youd need to catch them when they are not spawning. For some reason they think people would use casting nets to target game fish or something. People use shad and stuff in other states, caught with nets and I dont think its a major issue. Just make keeping game fish caught in a net illegal... Seems to be a real fear of nets @ NDGF tho!
 

dean nelson

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Plus Dickinson to Bismarck you still never change the fact that you're in the same river drainage so even by your original line of thinking it would still be incorrect.

As for invasive species in the Missouri I'm going to be curious as to Spanish milfoil moves into North Dakota in the next year or two how the game and fish handles it and all the boats that move back and forth from there to other lakes.
 


Ugly Dogs

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McDonald's dollar menu, you shouldn't be out too much money

I wish. The last time he lost a bet to me for lunch I ordered stuffed mushrooms, king crab legs and desert. It's his turn to get even.
 

tikkalover

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I thought everything was legal:;:huh........................................ until you get caught. ;:;boozer
 

johnr

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First punch him in the bean bag, then let him know he is right. Then snort a condom
 

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